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(영문) 대구지방법원 2017.02.09 2016고단6070
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On October 24, 2016, the Defendant driven the said car under the influence of alcohol level of 0.153% during blood transfusions on October 24, 2016, and operated the D gas station in front of the D gas station C in the border-si, Chungcheongnam, Gyeong-si, Gyeongbuk-si, the Defendant used it to slive Tolut from the four-distance side of the foreign exchange bank.

At that time, the pedestrian signal, etc. is installed, so in such cases, a person engaged in driving service is prohibited from driving under the influence of alcohol, and there was a duty of care to prevent accidents by driving safely in accordance with the new code.

Nevertheless, the Defendant was negligent in operating as it is, while under the influence of alcohol, while neglecting his duty of care in a state where normal driving is difficult, due to the negligence of operating as it is, the part of the back of the F-learning Motor Vehicle, which was driven by the Defendant E (26 ) in the front direction of the driving direction, as the front part of the Defendant’s car.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim, such as salt ties and tensions, which require two-day medical treatment, and the victim G (the victim 25 years old), who is the passenger of the damaged vehicle, for two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Inquiries about the results of crackdown on drinking driving, a survey report on actual condition, and the application of statutes in each written diagnosis;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between crimes violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury or Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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